Dinesh vs State

Arun Bhansali, J

The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 113/2021, Police Station Pipar City, District Jodhpur for the offences under Sections 147, 148, 149, 341, 323, 324, 326, 307 IPC & Section 4/25 of the Arms Act.

It is submitted by learned counsel for the petitioner that while dismissing the second bail application, liberty was granted to the petitioner to file fresh bail application after the statements of injured are recorded.

It is submitted that though the present application was filed by the petitioner on account of the delaying tactics on part of the complainant in getting the statement of injured recorded and seeking bail on the said ground, on account of various orders passed by this Court, ultimately the statement of the injured - Ramsukh has been recorded before the trial court.

Submissions have been made that the allegations in the FIR pertained to petitioner along with Vikas giving knife blows to Ramsukh and, whereafter, further allegations have been made regarding Vikas giving knife blow to Ramsukh.

In the statement of injured - Ramsukh recorded as P.W.3, only one line statement in chief has been indicated that Vikas & Dinesh attacked him with knife, however, in cross examination by the counsel for the accused Shravan, he indicated that Vikas had given knife blow.

Further submissions have been made that the stand of the respondents regarding injured along with other attacked the petitioner, who has also received injuries has been established by confronting the injured witness P.W.3 with video clip (Article 1) and photograph (Ex.D/2) with regard to the incident, which resulted in the injuries.

It is submitted that the petitioner is in custody since 4/4/2021. The injured witness has already been examined and the trial is likely to take a long time. One of the co-accused, against whom there were allegations of firing gun shot has already been released on bail by the coordinate Bench of this Court and, therefore, the petitioner be enlarged on bail.

Learned Public Prosecutor and learned counsel appearing for the complainant opposed the bail application and made submissions that the statement of injured regarding giving of knife blows by the petitioner is specific and, therefore, he is not entitled to grant of bail.

I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

Looking to the nature of statement made by the injured Ramsukh as P.W.3 and having accepted the photographs and video clip in cross examination pertaining to the incident, wherein, the petitioner was also injured and injured's specific assertion in cross examination by counsel for the accused Shravan that Vikas gave the knife blow, and that co-accused Ajay Pal, who was accused for firing gun shot has been granted bail by the coordinate Bench of this Court, without expressing any opinion on the merits of the case, this Court is of the opinion that the third bail application filed by the applicant deserves to be accepted.

Consequently, the third bail application is allowed. It is ordered that the accused-applicant – Dinesh s/o Birbal Ram arrested in connection with FIR No. 113/2021, Police Station Pipar City, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.